Date: Tue, 20 Feb 1996 18:11:35 +0000
From: Mark Watson
STONEWALL IMMIGRATION GROUP - EUROPEAN CAMPAIGN
WHO WE ARE
Stonewall is the UKs only national lesbian and gay lobbying
organisation and campaigns for equality and social justice for all
lesbians and gay men. In 1993 it set up the Stonewall Immigration Group
as a mutual support and campaign group for lesbians and gay men with
immigration problems that they would not face if heterosexual. The Group
now has an active membership of nearly 1000 individuals and has an
elected executive committee responsible for running the Group. In 1994
the Stonewall Immigration Group launched its campaign document,
Compelling Circumstances, calling for recognition of lesbian and gay
relationships in the UK immigration rules.
WHY DO WE NEED A EUROPEAN CAMPAIGN?
The countries of Europe have formed themselves into an economic union.
They have signed treaties giving the citizens of the member states the
right to move freely between each state in order to work, seek
employment, study etc. This right to free movement without barriers is a
fundamental principle of the European Union.
A person who exercises the freedom of movement right is also given the
right to be accompanied by his or her family members regardless of
their nationality. For example, a Dutch man married to a South African
woman is entitled to be accompanied by his wife if he goes to work in
the United Kingdom.
European lesbians and gay men are discriminated against because they
cannot be accompanied by their partners if their partners are not
themselves European unless the country to which they are going
recognises homosexual relationships under their domestic law.
For example, under Dutch law a Dutch homosexual can apply for their non
European partner to be granted residency under progressive Dutch
immigration laws. However, if the Dutch citizen goes to the United
Kingdom to work he or she does not have the right under European law to
be accompanied by the non European partner. The partner will only be
entitled to accompany him or her if the United Kingdom recognises
homosexual relationships under its immigration laws, which it does not.
The Dutch worker either works in the UK without his or her partner or
decides to remain in Holland.
Obviously this is discrimination; homosexual citizens of the
Netherlands, Denmark and Sweden with foreign partners are being denied
the right to free movement despite the government in their own country
recognising such relationships. The Stonewall Immigration Group believes
we should campaign to ensure that European law gives homosexual citizens
the same freedom of movement rights that it gives to its heterosexual
citizens.
THE CURRENT LAW
Article 3 of the EEC Treaty states that;
The activities of the Community shall include.......(c) the abolition,
as between member states, of obstacles to freedom of movement for
persons who wish to work in another member state.
Article 48 of the EEC Treaty implements Article 3 and is directly
effective. It requires member states to grant the nationals of other
member states the right to accept an offer of employment in another
member state and they must grant the national of a member state entry in
order to seek employment. These rights can only be limited if it is
justified on grounds of public security or health.
If the right to enter a member state in order to seek or take employment
is to be given practical effect then the individual must be allowed to
be joined by what we can broadly call their family members. To give
effect to this Regulation 1612/68 was made. Article 10 of Reg 1612/68
states as follows;
1. 1. The following shall, irrespective of their nationality, have the
right to install themselves with a worker who is a national of one
member state and who is employed in the territory of another member
state;
7 His spouse and their descendants who are under the age of 21 years or
are dependants;
7 Dependent relatives in the ascending line of the worker and his
spouse;
2. Member states shall facilitate the admission of any member of the
family not coming within the provisions of paragraph 1 if dependent on
the worker referred to above or living under his roof in the country
whence he comes.
Where some European countries recognise homosexual relationships in the
law and allow homosexuals to marry or register their partnership it
could be argued that the homosexual partner is covered by 1(a). It could
also be argued that homosexual partners come under 2 above but this
requires acceptance of a homosexual partner within the definition of
member of the family. To date member states have not been willing to
interpreted Regulation 1612/68 in this way.
PURPOSE OF THE CAMPAIGN
The purpose of any campaign would be to persuade the governments of the
various member states to accept that homosexual partners should be
treated as if they were family members even if they are not willing to
accept that a homosexual couple come under the traditional definition of
what constitutes a family. To deny homosexual couples this recognition
and to fail to include them within the terms of Regulation 1612/68
interferes with the freedom of movement rights of the European partner.
There remains an obstacle to the freedom of movement for homosexual
persons and the European Union is failing to comply fully with Article 3
and Article 48 of the EEC Treaty.
NATURE OF THE CAMPAIGN
There needs to be a Europe wide co-ordination of mutual independent
lobbying campaigns in each of the members states. Appropriate lesbian
and gay organisations in each of the members states should be identified
and approached with a view to them organising and carrying out
appropriate lobbying of their government.
For the lobbying to have maximum effect the individual campaigns should
ensure they are demanding the same change to the same European laws.
They should have regular contact with the other campaigns in each member
state through a newsletter and an annual conference which should
comprise of at least one delegate from each of the members state
campaigns.
To begin the campaign and agree on the common demand that should be made
a founding conference should take place made up of organisations and
individuals from the member states identified as having an interest in
campaigning around this issue. The Stonewall Immigration Group offers to
host this founding conference in London. The date has yet to be fixed
but is expected to be the 5 July so that people can come for our Pride
march on the 6. Please let me know if you are interested in attending.
Mark Watson
Stonewall Immigration Group
16 Clerkenwell Close
London
EC1R 0AA
Tel. 0171 336 8860
Fax. 0171 336 8864
http://www.tyger.co.uk/sig/